SOUSA, J. M.; http://lattes.cnpq.br/1124014056303332; SOUSA, Jéssica Moreira de.
Resumen:
In this scientific work will be analyzes the media influence in the Brazilian criminal
procedure. The influencers aspects of media have been demonstrated in the
research, being opposed to the constitutional rights and guarantees of the individuals
participating in the criminal procedure. Aiming to the weighting of media as forming
opinions and responsible for the news publishing aimed at population, relating it to
individual rights and guarantees of the accused of a crime. In this way the media is
placed in opposition to certain rights of the accused, such as image rights, the
presumption of innocence, the dignity of the human person. Moreover, analyzes the
media sensationalism as causing damage to the accused and still influential in
judicial decisions. Thus, the study was divided into the following topics: Right to
information and criminal procedure; rights and constitutional guarantees of the
participant of criminal procedure; The media influence in the Brazilian criminal
procedure. The methods used in the research were: in the method of approach, we
applied the deductive aimed the study of the subject premises, specifying with your
development, about the method of procedure it was employed the historical
monograph, where conducted a historical overview of the topic and the critical and
analytical study of the proposed issue. Was also applied to indirect technique in
researching, developing through the bibliographic and documentary mode , books ,
scientific articles , resulting from internet content and periodicals that supported the
theoretical framework of scientific work. Therefore, research has examined the
purpose of confirming the problem to be solved: To what extent the media right to
information and freedom of expression can conflict with the constitutional rights and
guarantees of accused of crimes, and to influence the decisions and sentences of
Brazilian Criminal Procedure? Confirming the hypothesis that the media should fulfill
its social role of informing society about the events, but this information right should
be entitled to balancing of when in conflict with fundamental rights such as the right
image and a fair trial, showing the end the working potential solutions to this problem.
Finally, it is noted that the theme has grid analyzed legal and social relevance,
leaving numerous discussions on the same.